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Survey reports and mitigation plans are required for development projects that could affect protected species, as part of getting planning permission. Surveys need to show whether protected species are present in the area or nearby, and how they use the site. Mitigation plans show how you’ll avoid, reduce or manage any negative effects to protected species.

This is Natural England’s standing advice for local planning authorities who need to assess planning applications that affect wild birds.

This information can be used to assess surveys and when planning mitigation measures for wild birds.

All wild birds (including both eggs and nests) are protected by law. Some species have additional protection when nesting. Many bird habitats are also protected and local planning authorities (LPAs) have a duty to conserve their biodiversity.

Ecologists need to decide which survey and mitigation methods are right for the project being worked on. If this can’t be followed, they’ll have to include a statement with the planning application explaining why.

Avoidance, mitigation and compensation methods

First, consider whether the development could be done differently to avoid affecting birds, eg by:

siting the development away from breeding birds

avoiding parts of the site

doing works at a different time of year. No works should be undertaken in the breeding season (March to August)

ensuring important habitats are protected and maintained

remove habitat features when they are not being used by birds, eg remove habitat before nesting season

Provide replacements for any nesting sites you remove, such as:

nest boxes, peregrine ledges and black redstart boxes

creating new habitat

Mitigation: prevent birds nesting

If you can’t change the timing or location of your activity to avoid affecting birds, you can prevent birds from nesting, but only outside the breeding season. Confirm birds aren’t using the location with a survey first.

You can prevent birds nesting by:

blocking access to nest sites

clearing vegetation or structures used for breeding

using deterrents they can see or hear, eg tapes or flashing lights

Provide replacements for any nesting sites you remove, such as:

nest boxes and peregrine ledges

creating new habitat by planting native trees, shrubs or plants, or ornamental species of high value to wild birds

improving links to habitats

Where birds are displaced or affected by development the success of mitigation should be measured using post-development monitoring.

Where birds are displaced by development, especially Section 41 birds and red and amber listed species, a suitable amount of replacement habitat should be considered.

Additional requirements for licensing

This guidance is for ecologists and developers who cannot avoid affecting wild birds.

Wild birds are protected by the Wildlife and Countryside Act 1981. You can’t get protected species licences in relation to development, but you might be able to rely upon an exemption listed in the legislation, for example development with planning permission. Get more detail about bird protection and licences.

Bird surveys

You usually don’t need a licence to survey birds as you should be able to avoid disturbing wild birds. You can, however, apply for a barn owl survey licence if you need to enter structures used by barn owl for breeding so you can survey them.